Supreme Court of Georgia February 16, 2004, S03A1378 (Kennedy v. State)

Fletcher, Chief Justice,

concurring.

This case, in which the defendant claimed that the 19-month-old victim was unconscious and thus incapable of feeling pain, points out an anomaly in Georgia’s cruelty to children statute. To obtain a conviction under OCGA § 16-5-70 (b), the State must prove that the defendant caused the child cruel or excessive physical or mental pain.